1982 (11) TMI 148 - HC - VAT and Sales Tax

Summary

Issues:
Assessment of turnover at 5% by Commercial Tax Officer, revision by Deputy Commissioner to 10% under A.P. General Sales Tax Act, time limitation for revision under section 14(4-A), correct disclosure of turnover particulars, validity of Deputy Commissioner's order.

Analysis:
The petitioner-assessee was initially assessed on a turnover of Rs. 8,00,317.35 at 5% by the Commercial Tax Officer for the assessment year 1971-72. Subsequently, the Deputy Commissioner revised the assessment, taxing the turnover at 10% under the A.P. General Sales Tax Act, considering the sold articles as accessories to motor vehicles. The revision was based on powers vested in him under section 20(2) and section 14(4-C) of the Act. This revision was confirmed by the Sales Tax Appellate Tribunal, leading the petitioner to challenge it.

The key contention raised was regarding the time limitation for the revision of assessment. The Deputy Commissioner's order revising the assessment was passed four years after the relevant date, which was beyond the period stipulated under section 14(4-A)(b) of the Act. The Sales Tax Appellate Tribunal observed that the petitioner had correctly disclosed the turnover particulars during the assessment proceedings, and there was no failure on their part to provide accurate information. As per the law, if the correct turnover particulars are disclosed before the assessment is finalized, the penalty under section 14(4-A) cannot be imposed.

The Court held that since the Deputy Commissioner's revision order was issued after the prescribed time limit, it was barred by time. Consequently, the orders of the Sales Tax Appellate Tribunal and the Deputy Commissioner were set aside, and the original assessment by the Commercial Tax Officer was restored. The tax revision case was allowed, with no costs imposed. The judgment emphasized the importance of adhering to the statutory time limits for assessment revisions and the significance of accurate disclosure of turnover particulars during assessment proceedings.